CCA help

January2015

Little_Miss_Sunshine wrote: »

When did Mbna sell the debt on January ?

This month - immediately after I CCA'd them

sourcrates

Debt is an interesting subject, not many people understand it, few are aware of there rights, most people worry over things that will never happen.
I've leant a lot from this, and other forums, over the years, people panic because they are faced with missing a couple of payments, and are worried about the consequences, well in reality, it depends on your individual situation.

If you are an unemployed person who does not own a house, then you can get away with any amount of debt Scott free.
The absolute worst a creditor can do is bankrupt you, but you have no income so no point in doing that, next,

If your a homeowner, then you would ultimately face the loss of this property, if you were not a homeowner, the absolute worst a creditor could do would be to obtain a CCJ. And an attatchment of earnings order, in other words, repay your debt at a rate you can afford.

So really it depends on your individual circumstances how debt affects you, whereas it can ruin some people, others can be untouched by it, no rhyme or reason is there !!!

January2015

Sourcrates - am I right in thinking {believing } that if a predator or DCA cannot produce documentation under CCA request the debt is unenforceable - which doesn't mean it is not owed, but cannot be enforced.

Does this then mean that whilst a predator or DCA may opt for court action to recover the debt the lack of CCA documentation means they will not be able to obtain a CCJ and if they decide to try for a CCJ the lack of CCA would be the defence??

fermi

The letter of the law, and the interpretation if it in the High Courts, is that while in default of a s77-9 request, a court cannot make an order enforcing the debt.

Does not mean DCAs sometimes don't try. Does not mean that sometimes you get a clueless judge that lets them.

However, if you get advice and help to fight, you stand a damn good chance of stopping it.

Nothing is guaranteed 100% though. Like most things in life. Sometimes odd things happen like the DCA finally drags up a copy a few days before a court hearing.

sourcrates

January2015 wrote: »

Sourcrates - am I right in thinking {believing } that if a predator or DCA cannot produce documentation under CCA request the debt is unenforceable - which doesn't mean it is not owed, but cannot be enforced.

Does this then mean that whilst a predator or DCA may opt for court action to recover the debt the lack of CCA documentation means they will not be able to obtain a CCJ and if they decide to try for a CCJ the lack of CCA would be the defence??

Basically yes.

If you make a CCA request, and they either don't respond, or send you something illegible, or something else that is not a correct response, then proceed to take you to court, the fact they have not responded correctly can still make an account irredeemably unenforcable, and that is a full defence yes !!!

Or as Fermi Says there can always be an exception to the rule !!

Little_Miss_Sunshine

That's all food for thought. I can't believe banks don't have this information to hand!

fermi

Years back, they cut major corners thinking it would never be needed and they would never be caught out.

A bit like so many other things the banks did...

sourcrates

Little_Miss_Sunshine wrote: »

That's all food for thought. I can't believe banks don't have this information to hand!

Six years is all there oblighed to keep information for.

Sometimes, due to the sheer amount of accounts, even less, it only takes someone to file something incorrectly and it's lost forever.

Just imagine the many millions of accounts some creditors hold, it's someone's job to file all this information, mistakes happen fact, no company is infallible.

The debt collection industry is the most unregulated industry in the western world, hence all the disputes that arise from it, beggars belief sometimes !!

sourcrates

fermi wrote: »

Years back, they cut major corners thinking it would never be needed and they would never be caught out.

A bit like so many other things the banks did...

PPI mis-selling for instance ?

"You must have this insurance to qualify for the loan" I was told many times, back in the 1980's, if only I'd kept the paperwork I'd of been a flaming millionaire by now !!!

Little_Miss_Sunshine

2 more letters in the post. Hellifax can provide the agreement ( not surprised really ) the balance there is £700 so not too bad. Natwest are sorry to inform me that they can't and its unenforceable but would I please pay. Balance there is £400.

So far 4/8 responses. Mbna x2 not complied, hellifax enforceable and natwest definitely not. All letters carefully filed!!!